Child's Right to Nurse Act
Encyclopedia
The Child's Right to Nurse Act is a U.S.
legislative
act which seeks to protect a child's right to be breastfed
in any location where the mother-child pair are otherwise authorized to be. It was first introduced in the West Virginia
House of Delegates
by Bonnie Brown (D-30th-Kanawha). Delegates Long, Palumbo, Butcher, Ellem, Varner and Doyle co-sponsored the bill. Dr. Foster and several co-sponsors introduced the bill in the Senate on the same day. The title of the bill highlights that this is the first attempt to introduce breastfeeding legislation that focuses on the child rather than the mother.
Supporters of the bill, which passed 93-4 in the House but went without vote in the Senate, hoped that West Virginia would join other states in protecting breastfeeding mothers from discrimination. Breastfeeding in public is not itself illegal.
On Friday, July 29, 2005, Governor Joe Manchin
stated that mothers shouldn't be harassed for breastfeeding. He made this statement during an event in the Governor's Reception Room where he issued a proclamation declaring the month of August as Breastfeeding Month in West Virginia.
The group striving for passage of the bill includes Republicans
, Democrats
, and Independents. Jennifer Bryant, the mother harassed in Charleston, is a Democrat while Cassie Martin, the mother asked to stop breastfeeding in Huntington, is a Republican.
(a) Breast feeding is an important, basic act of nurturing that is protected in the interests of maternal and child health. A mother may breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be.
West Virginia presently ranks 49th for the incidence and duration of breastfeeding in the U.S., with mothers citing a lack of support, even active discouragement, as a primary reason for stopping.
Senate
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legislative
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
act which seeks to protect a child's right to be breastfed
Breastfeeding
Breastfeeding is the feeding of an infant or young child with breast milk directly from female human breasts rather than from a baby bottle or other container. Babies have a sucking reflex that enables them to suck and swallow milk. It is recommended that mothers breastfeed for six months or...
in any location where the mother-child pair are otherwise authorized to be. It was first introduced in the West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
House of Delegates
West Virginia House of Delegates
The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states—Maryland, Virginia, and West Virginia—refer to their lower house as the House of Delegates.-Historical:-Current:-District organization:...
by Bonnie Brown (D-30th-Kanawha). Delegates Long, Palumbo, Butcher, Ellem, Varner and Doyle co-sponsored the bill. Dr. Foster and several co-sponsors introduced the bill in the Senate on the same day. The title of the bill highlights that this is the first attempt to introduce breastfeeding legislation that focuses on the child rather than the mother.
Supporters of the bill, which passed 93-4 in the House but went without vote in the Senate, hoped that West Virginia would join other states in protecting breastfeeding mothers from discrimination. Breastfeeding in public is not itself illegal.
On Friday, July 29, 2005, Governor Joe Manchin
Joe Manchin
Joseph "Joe" Manchin III is the junior United States Senator representing West Virginia. Manchin, a Democrat, was Governor of West Virginia from 2005 to 2010...
stated that mothers shouldn't be harassed for breastfeeding. He made this statement during an event in the Governor's Reception Room where he issued a proclamation declaring the month of August as Breastfeeding Month in West Virginia.
The group striving for passage of the bill includes Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, and Independents. Jennifer Bryant, the mother harassed in Charleston, is a Democrat while Cassie Martin, the mother asked to stop breastfeeding in Huntington, is a Republican.
Bill text
§16-1-19. Child's right to nurse: Location where permitted; right protected.(a) Breast feeding is an important, basic act of nurturing that is protected in the interests of maternal and child health. A mother may breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be.
Reason for the legislation
Both residents of and visitors to West Virginia had been harassed for breastfeeding their children in civic centers, pools, and restaurants.West Virginia presently ranks 49th for the incidence and duration of breastfeeding in the U.S., with mothers citing a lack of support, even active discouragement, as a primary reason for stopping.
Supporters of the bill
Numerous organizations endorsed the bill:- American Academy of Pediatrics - WV
- American Association of University Women - WV Chapter
- American Civil Liberties Union of WV
- American College of Nurse Midwives - WV Chapter
- Coalition for West Virginia Children
- FamilyCare
- Kanawha Lactation Association
- La Leche League of Jefferson County
- La Leche League of West Virginia/Virginia
- La Leche League, Charleston Chapter
- Midwives' Alliance of WV
- National Association of Social Workers - WV Chapter
- Prevent Child Abuse West Virginia
- Right From the Start, Regions 1, 4, 5 & 7
- TEAM for West Virginia Children
- West Virginia Association of School Nurses
- WV Citizens Action Group
- West Virginia Community Voices, Inc.
- WV FREE
- WV Healthy Kids and Families Coalition
- West Virginia Hospital Association
- WV Interfaith Center for Public Policy
- West Virginia State Medical Association
- YWCA of Charleston
Opposition to the bill
House of Delegates- Four members of the House of Delegates, three men and one woman voted against the bill. All were Republicans.
- Delegate Patti Schoen (R-14th-PutnamPutnam County, West VirginiaAs of the census of 2000, there were 51,589 people, 20,028 households, and 15,281 families residing in the county. The population density was 149 people per square mile . There were 21,621 housing units at an average density of 62 per square mile...
) stated, "I just don’t think there’s a need for the law." - Delegate Chris Wakim (R-3rd-OhioOhio County, West VirginiaAs of the census of 2000, there were 47,427 people, 19,733 households, and 12,155 families residing in the county. The population density was 447 people per square mile . There were 22,166 housing units at an average density of 209 per square mile...
) claimed that women in his constituency considered protecting breastfeeding rights "a waste of paper."
- Delegate Patti Schoen (R-14th-Putnam
Senate
- In contrast to the House, the greatest opposition to the bill came from the Senate's top Democrats.
- Senator PreziosoRoman W. Prezioso, Jr.Roman W. Prezioso, Jr. is a West Virginia state senator representing the 13th senatorial district which comprises parts of Marion and Monongalia counties. He is a Democrat. As chairman of the Senate Health & Human Resources Committee, he is one of the most powerful figures in the West Virginia...
(D-13th-MarionMarion County, West Virginia| style="float:right;"|As of the census of 2000, there were 56,598 people, 23,652 households, and 15,515 families residing in the county. The population density was 183 people per square mile . There were 26,660 housing units at an average density of 86 per square mile...
), Chairman of the Health and Human Resources Committee, held up the legislation until the last hearing of the general session. During that last hearing, Mr. Prezioso introduced amendments that would have limited the protections. The first would have restricted the protections to children under twelve months. This amendment was voted down. The second amendment to this bill would have limited the places where the law applied. This amendment passed. - The bill cleared the Health and Human Resources Committee and should have been reported on the floor that legislative day following the committee vote. However, Mr. Prezioso chose not to report until only two legislative days remained. Thus, the bill died on the final day of the session as it had not been read on three consecutive days as required by the West Virginia Constitution.